give you up-to-the-day weather information in your area. we're following late developments around last weekend's murder of a retired hercules schoolteacher. susie ko's stolen car was found in king county, washington. two people have been arrested. cbs 5 reporter sharon chin just talked to hercules police. sharon, they are saying the murder is part of a crime spree that began back in august. reporter: perhaps. we're going to get to that in a second. hercules police detectives are heading to the seattle area tonight. they want to talk to the suspects to find out if there is any connection to the murder of susie ko. police found the car belonging to the 55-year-old retired teacher, who was discovered scabbed in her home friday night. in addition to the police search, her family launched a social network search for the car hoping to find her killer. detectives say they recovered her blue subaru after a chase in king county this morning.

police say 24-year-old darnell washington and his wife tanya sped off after officers approached them in the parked car. when officers eventually boxed in the suspects in the subaru, the suspects allegedly kept ramming the police car until authorities arrested them at gunpoint. hercules police say right now the husband and wife are persons of interest not yet murder suspects. >> we can say that yet. we know they were in the stolen vehicle and certainly people we want to talk to. if they are not the suspect, hopefully they can give us information that will lead us to the suspects. >> reporter: police say he escaped from a san bernardino county jail on august 28th and they went on a state crime spree. on the september 2 he is accused of shooting a los angeles county sheriff's deputy after they exchanged gunfire in el monte. the injured deputy tried to stop the pair in a car he

described as suspicious. the same man and woman are suspected possibly in the stabbing death of ko at her home friday night something investigators are looking into to. detectives in hercules in southern california are going to be talking to figure out if the pair is also accused in a robbery and carjacking, as well. live in hercules, sharon chin, cbs 5. breaking news out of the east bay. west oakland specifically. police are chasing that man, that suspect on an atv, a four wheeler. this apparently started west of the coliseum. we don't know why police are trying to chase him down. but again, police are not far behind him. this is in west oakland. we have chopper 5 over it as you saw. we'll get our picture back and get you updates as soon as we get them. well, a little good news. california gas prices leveled out. but there's new information that could keep the volatility

going for months. it's coming straight out of the bay area. ken bastida live with mobile 5 at the chevron refinery in richmond to explain. >> are you tired of pain 4.60 to $4.80 a gallon? the bad news is you will have it pay for it a little longer because an internal memo came out of chevron today stating that the refinery repairs will not be completed before the end of the year. i asked them when they will be finished over there. >> what i can tell you is that we are working cooperatively with local and regional regulatory authorities to gain the necessary permits which will enable us to repair the damaged facilities and in turn get the refinery back to normal operations at full capacity to produce more gasoline and hopefully put downward pressure on the high prices we have been seeing recently. >> reporter: these are the

cranes that are in place again sean comey telling us they are cleaning up the refinery at this point. california has 14 different refineries that make the gas that we sell in california. they have a one refinery cushion. if one goes down they are flat. that's where right now. we're a little below that because we had two go down the one in torrence. california sells boutique gasoline. you can't get it anywhere else in the country. makes our air clean but that's a situation we're in. live in richmond, i'm ken bastida in mobile 5. back to you. >> thank you. of course, don't waste gasoline driving around looking for the cheapest price. but you go out, log on to cbssf.com/gas. we are learning more about the deadly attack in benghazi, libya. the attack killed the u.s. ambassador to libya and bay

area native chris stevens. the state department called the incident a, quote, orchestrated unprecedented terrorist attack. they said there was no indication it was coming. they also denied allegations of inadequate security levels at the compound. >> to start off by saying you had the correct number and our ambassador and three other individuals are dead and people are in the hospital recovering because it only took moments to breach that facility, somehow doesn't seem to ring true to the american people. >> also heard from the formerred had of a 16-member u.s. military team in libya who said benghazi never had the forces needed to protect itself. california senator dianne feinstein says that's obvious based on the amount of damage done in such a short amount of time. she spoke exclusively with cbs 5 reporter phil matier earlier today. >> clearly, the security wasn't adequate. they were able to blow the gate.

there was not sufficient force to prevent that. they were able to launch rocket- propelled grenades into the facility. and six mortars, two of which didn't hit and four of which hit and did tremendous damage. >> much more of our interview with senator feinstein on eyewitness news at 6:00. no longer suspended, it is back to work for san francisco sheriff ross mirkarimi. >> i look forward to demonstrating why the people elected me as sheriff and look forward for me and my family to return to normalcy. >> it has been nine months since he was accused of domestic violence for bruising his wife's arm. the board of supervisors gave him enough votes to keep his job. cbs 5 reporter joe vazquez at city hall of mirkarimi is back in the office while the interim sheriff is still in charge? >> reporter: right.

in fact, they are meeting together right now. it might seem awkward but they say it's not. they said they need transitional meetings to bring him back up to speed. not everyone is thrilled he's bam. reporter: as ross mirkarimi arrives back at the sheriff's office this afternoon following seven months of suspension, he insists he will play nice with his elected colleagues even those who tried to get him fired. >> i look forward to working with the mayoring the city attorney and district attorney. >> reporter: but the district attorney had an announcement of his own. >> we're hoping mr. mirkarimi will see the value in recusing himself. >> reporter: george gascon sent the sheriff a letter asking him to recuse himself from cases regarding domestic violence. >> we are asking him to remove himself. >> reporter: he has been on probation since march for bruising his wife's arm. after months of trying to get his job back, he succeeded just

before 11:00 last night when in a surprise vote four of the 11 supervisors stood by mirkarimi. >> the charges of official misconduct against sheriff ross mirkarimi are not sustained. [ applause and cheers ] >> reporter: one more than required to throw him out of office. >> they sought out an excuse for an inexcusable act. >> reporter: mayor lee says he is very disappointed in the outcome but that he would find a way to work with mirkarimi. he also was asked whether he would consider supporting a recall where the people of san francisco could oust mirkarimi by election. >> you know, that's going to be left up to the voters themselves. i think that's certainly an option. i have not thought about that myself. but that's the public's prerogative to consider that. >> reporter: mirkarimi says he will wrap up his transitional meetings sometime late this week and expects to be fully in charge as sheriff by this weekend. joe vazquez, cbs 5. updating the breaking news

out of the east bay, this is oakland police chasing a suspect -- this suspect has been riding around on an atv one of those four wheelers. obviously, it is not street legal. those things are used for hunting or farm chores and some people just ride them for fun. this obviously is not a joyride. this is very dangerous. oakland police are chasing him. apparently this is international near the coliseum where he is now. chopper 5 is overhead. but we can't get a shot down on exactly where he is. but we're told that he has been riding up on the sidewalk, cutting across traffic. a very dangerous situation. so we'll keep an eye on it and update you as we get the info. flying debris causes damage to a south bay neighborhood. the working theory blaming a train. >> then strokes aren't just striking the elderly. they are taking aim on a younger crowd. what's behind that alarming trend. ,, measures... measure up. money to our schools. "misleading." out here. it. but there's hope. straight to our schools... keeps it there. politicians.

flying chunk of concrete tht became embedded in a famil's

s-u-v. eems to know where i a mystery about a flying chunk of concrete that became embedded in a family suv. no one seems to know where it came from. now, the chunk came flying late sunday night or early monday morning on newbury court in palo alto. cbs 5 reporter len ramirez tells us people are blaming a passing train. len. reporter: that's right. but you know, what actually happened to that suv that was market here is still very much a mystery. we're at newbury and park in palo alto a neighborhood adjacent to well used train tracks. and that may be a very big part of this story. [ ring ] reporter: did it come from a train or just mysteriously fall out of the sky? >> something sliced through the middle of it. >> reporter: she is talking about her suv and the flying object that ripped into the tailgate like some sort of heavy metal frisbee. >> we start thinking like, wow, like what if it was during the day and our kids were playing

soccer, they love playing soccer in the front yard, or what if someone was in the car and had been injured? >> reporter: zoe and her husband discovered the damage monday morning when they left for work. then they drove it to the body shop. >> there's a piece of metal, it was about like that big looked like it had some blades and it was just like halfway in there. it kind of dented the floor a little bit. we had to cut all this out just to get that metal piece out. >> reporter: this estimator said it was made from concrete and steel and weighed about 25 pounds. they also found some markings on it. >> there's a part number on that blade that said up999 and it came up as part of a train. >> reporter: caltrain commuters and freight lines use the tracks in palo alto. a spokesman said there will be no incidents on the locomotive and union pacific told the palo alto newspaper that it had no dissidents reported either. but for the peters a part of the train flying 200 feet from

the tracks to the enabled seems like neighborhood seems the only plausible answer. >> it must have flown so high it came down at a trajectory like this into the back of the cart. >> reporter: the peterses have done some research on the internet. they believe the part they came in is called a grid blower fan assembly. they need to establish where it came from and who is responsible because it's going to cost about $4,000 to fix their suv. reporting live in palo alto, len ramirez, cbs 5. hundreds of thousands of californians are burning mad over a new fee. coming up on the consumerwatch, the controversy over the fire fee.

city strip mall early this morning. several businesses at the in bay area headlines a four-alarm gutted a union city strip mall this morning. several businesses at the alvarado place shopping center were severely damaged when the building roof collapsed. one firefighter was taken to the hospital with a cut to his hand. investigators are now looking into the cause. all right, sports fans. the san francisco giants live to play another day. they beat the reds about a half hour ago. final score 8-3. that forces a decisive game five in the play-

offs tomorrow. first pitch scheduled for 10 a.m. the as are telling fans to make sure they have the right tickets to tonight's game against the detroit tigers. last night ticket confusion led to dozens of fans being turned away from game 3 of the series. the tickets were labeled number 3. but that's actually for the as' third home contest. oakland needs to win tonight to make sure there is a good morning to go to tomorrow. toyota is recalling nearly 7.5 million vehicles the largest recall in its 75-year history. the company received more than 200 complaints from customers about a faulty power window switch that can catch fire. the recall affects more than a dozen car, truck and suv models produced between 2005 and 2010. and that includes the top selling car in the u.s. the toyota camry. campaign 2012, mixed results in a new poll about proposition 30. governor brown's plan to raise

taxes to pay for public safety and education. surveyusa asked that question two different ways. first, simple question: how certain are you to vote to raise taxes? the majority 38% said no. but when prop 30 was explained in detail the results were different. the majority said that they would vote to raise the sales tax temporarily by a quarter percent. and raise the income tax on those earning more than $250,000 a year. thousands of californians are getting hit with a new fee to pay for fire prevention services. as cbs 5 consumerwatch reporter julie watts explains, what you have to pay depends on where you live. reporter: >> this is a bill i got from the state of california for extra fire fees. >> reporter: the bill came last month and it caught barry by surprise. >> i didn't know what it was. i thought it was a scam. >> reporter: it wasn't. barry is one of more than 800,000 california homeowners

who live in state responsibility areas highlighted in red here. they are now receiving bills averaging $150 to help cover the cost of preventing wildfires. and many are not pleased. >> i feel that i pay taxes already to our county and for our fire department. >> reporter: but this fee goes directly to cal fire. and the state emergency agency says it desperately needs the money. >> the fee is specific to fire prevention activities. we have seen a significant increase in our fire activity throughout california and we know that fire prevention is critical. >> reporter: tiburon fire chief richard pierce is opposed to the fee. he said it was pushed through the legislature last year at the last minute to plug a hole in cal fire's budgets. >> we have seen many iterations of this bill over the years. it feels like it didn't pass the test of having some scrutiny from local fire protection districts. >> reporter: he worries it will hinder local fire departments from raising the money they need for their emergency programs. and he is not the only one

fighting the fee. the howard jarvis taxpayers association filed a lawsuit last week because they say this is not a fee, it's actually a tax, and therefore should have been passed by a two-thirds vote. >> we're still reviewing the lawsuit that was filed. but at this point, we are doing the job that we were given which is to implement the fee that was passed by the legislature and signed by the governor. >> reporter: now, people who already pay a local tax for fire protection get a $35 discounts off this fee and you can appeal but you have to do it within 30 days of actually getting that bill. and if you have a consumer problem, call us at helps or go to cbssf.com. roberta is following the local radar. where is it now? >> let's fire up our live high- def doppler radar. good evening, everybody. currently nothing to report around the central bay but we head to the south now around the santa cruz mountains and that's where we see a cluster of activity in the form of green, yellow, orange. when you see that orange that

could significant, possibly the development of a thunderstorm. right now, that area of yellow is a heavy downpour to the north of swanton. this in the santa cruz mountains. and also, very slippery when wet on highway 9 a very nasty commute there. you see that area of purple? i wouldn't be surprised if we get lightning detected in the santa cruz mountains. but the severe thunderstorm warning has allowed to expire. the effect on the baseball game tonight, none. partly to mostly cloudy skies, 62 degrees with griffin on the bump for the good guys as the as play host to the detroit tigers. tonight, 40s and 50s under a partly to mostly cloudy sky. tomorrow a threat of a scattered shower early and then partly to mostly cloudy. and it looks like we are going to see our temperatures warm back up again just in time for the weekend with the passage of a area of low pressure. we have been talking about this for days and days as it stays

just right off the coast. now making slight moves into the south. and with the counterclockwise rotation of the precipitation, it's lifting from the south, the rain moves to the north and that's why our south bay and santa cruz mountains get the best clip from this activity. tomorrow morning's commute will be dry but carry an umbrella to be safe. clouds filtering in and out throughout the entire day so it will take a hit on your temperatures. 50s beaches, 60s bayside. cooler tomorrow than today. 68 degrees outside number in morgan hill. 70 outside number to the east. west winds 10 to 20 miles per hour trying to encourage more of an onshore flow. 69 degrees in santa rosa. so to walk you through it again, there you have it. numbers come down, partly to mostly cloudy skies, slight chance of rain showers. and then weekend numbers go back up again to nearly 90 by this time next week in our inland areas. >> thank you. >> we'll get the shorts out. thank you. in concord halloween is on a

budget this year. for more than two decades it's been the home to parades and parties at todos santos plaza but because of budget cuts they have canceled the costume contest and pooch parade. now they are trying to hold on to the beloved scarecrow competition where businesses compete for the best display. we'll be right back. ,, at the guaranteed's lowest price.attresses plus, pay no interest for 3 years on the best brand-name mattress sets. get your best rest ever from sleep train. ♪ your ticket to a better night's sleep ♪

younger patients who've sufd a if we are living longer healthier lives why are doctors seeing younger and younger patients who suffered a stroke? dr. kim mulvihill has a possible explanation. what you should look for to determine whether someone has had a stroke. >> reporter: santos rodriguez woke up in march and couldn't move his left arm. he could barely speak by the time he got to the hospital. >> i couldn't pronounce it. >> reporter: he was having a stroke and at 46 he is part of an alarming trend. more younger people now having strokes. a new nih-funded study found in

200519% of stroke victims were under 35. that's up from 13% a decade early engineer. >> shocking. >> surprising. >> reporter: at crissy field in san francisco folks wonder why? >> could be eating habits. >> reporter: he has a point. experts say more young people are now overweight or obese, have high blood pressure, high cholesterol, or diabetes. the good news, these are things you can do something about. >> you have some control over it. you can get out and run. you can get out and move fast. you can do somersaults. >> here in the city we have an abundance of opportunities to do any type of sport. >> the food is very important. i mean, like to eat vegetables, fruits, every day. >> reporter: this mom knows it's never too early to start. >> my husband and i are trying to get her to appreciate good foods and eating right. >> reporter: it's never too late. rodriguez, who has diabetes, is committed to a healthier lifestyle saying his stroke was a wake-up call. >> reminds me of how, uhm....... [ pause ] >> how easy things can be taken

away from you. >> reporter: now, here's an easy way to remember the warning signs of a stroke. use fast. face. ask the person to smile. does one side of the face droop? okay. allen? >> it's not drooping. that's great. >> reporter: a, that's for arms. ask the person to raise both arms. does one arm drift downward? straight out, straight ahead, perfect. s is for speech. ask the person to repeat a simple phrase. repeat after me. >> repeat after me. >> reporter: is the speech slurred on strained in any way? and t is for time. if you have see any of these signs, time is of the essence. call 911 immediately. >> right away. >> reporter: fast. >> got it. >> i don't know about the some that. >> backs. ,,

,,,,,,,, measures... measure up. money to our schools. "misleading." out here. it. but there's hope. straight to our schools... keeps it there. politicians.

he rescued a runaway ameri's cu i'm dana king. here's what we're working on for the 6:00 news. he says he rescued a runaway america's cup catamaran all by himself. now a bay area sailor wants a huge cash reward. pirate or good samaritan? we're going to tell you the tale and you can decide for yourself. >> he's all pale. and he's gasping for air. >> his son died after eating dessert. the bay area father's crusade to prevent food allergy deaths. those stories and more at 6:00. >> see you at 6:00. captions by: caption colorado comments@captioncolorado.com